19/09/2019 HCMP2801/2015 THE UNIVERSITY OF HONG KONG v. HONG KONG COMMERCIAL BROADCASTING CO LTD AND ANOTHER 5.6 Council members act as trustees in the best interest of the University (para. 5.8). They should act, and be perceived to act, impartially, and avoid any situation in which their “private interests” compete or conflict with the interests of the University (para. 5.27-5.33). They should also uphold the principle of confidentiality in respect of Council and University information (para. 5.41). In discharging their duties and responsibilities, Council members may wish to take note of the ‘Seven Principles of Public Life’ promulgated by the ‘Nolan Committee’ in the UK (para. 5.2-5.3) as well as the Code of Conduct for members of public bodies proposed by the Independent Commission Against Corruption of Hong Kong (para. 5.4). Undertaking by Members 5.7 When joining the Council, new members are invited to undertake in writing the upholding of the principles of trusteeship and confidentiality. They will then have to sign the undertaking on an annual basis to affirm their commitment to the principles of trusteeship and confidentiality. Confidentiality vs Transparency in the Operation of the Council 5.41 While students and staff and the public should have access to information about the proceedings and decisions of the Council (via an appropriate channel of internal communication for students and staff, and through the University’s website for the public), it is absolutely necessary to keep confidential the Council agenda, supporting papers and minutes, especially when they are concerned with individuals or plans yet to be finalized or have a commercial sensitivity. Indeed, discussions at the Council meetings and Council papers are confidential and all members of the Council should uphold this principle of confidentiality, to allow free discussions and exchange of views at Council meetings. 5.43 The discussion and deliberations at Council meeting are strictly confidential, regardless of the nature of the business, or the confidentiality classification of the discussion papers, of the agenda item concerned. When it is necessary for the Council to make announcement to the public of any of its decisions, the Council Chairman shall normally be the spokesperson or authorize an appropriate office or officer of the University to be responsible for the task. Unless with the permission of the Council or its Chairman, other members of the Council should not disclose Council information in any manner.” (my_emphasis) 43. Even before its amendment in August 2015, the Code contained the following provision: “5.39 While students and staff and the public should have access to information about the proceedings and decisions of the Council (via an appropriate channel of internal communication for students and staff, and through the University’s website for the public), it is necessary to keep confidential the Council agenda, supporting papers and minutes, especially when they are concerned with individuals or plans yet to be finalized or have a commercial sensitivity. Indeed, discussions at the Council meetings and Council papers are confidential and all members of the Council should uphold this principle of confidentiality, to allow free discussions and exchange of views at Council meetings.” https: //legalref.judiciary.hk/Irs/common/ju/ju_frame.jsp? DIS=101619&currpage=T 14/33